The Air Navigation (Dangerous Goods) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Air Navigation (Dangerous Goods) Regulations 1994, as amended. In addition to minor drafting amendments, the following changes are made:

(1) Definitions are introduced for “acceptance check list”, “cargo aircraft”, “dangerous goods accident”, “dangerous goods incident”, “freight container”, “handling agent”, “ID number”, “non-United Kingdom operator”, “overpack”, “package”, “packaging”, “proper shipping name”, “serious injury”, “UN number”, “unit load device” and “United Kingdom operator” (regulation 3(1)).

(2) An approval required under the Regulations shall be granted where the CAA is satisfied that the aircraft operator is competent to carry dangerous goods safely (regulation 4(2)).

(3) Requirements are introduced for the operator of an aircraft carrying dangerous goods. In particular, regulation 6(3) requires such an operator to notify the CAA of any dangerous goods carried on an aircraft which is involved in an accident or incident (regulations 6-10).

(4) The shipper is required to obtain any necessary approvals for the carriage of certain types of dangerous goods by air (regulation 11(b)).

(5) The commander of an aircraft carrying dangerous goods as cargo must, in the event of an in-flight emergency, provide information to the appropriate air traffic services unit about those dangerous goods (regulation 12).

(6) Comprehensive requirements are introduced for the training of staff concerned with the carriage of dangerous goods by air. Obligations are placed on shippers and their agents, United Kingdom operators and their agents and on agents for non-United Kingdom operators. The approval of the CAA is required for specified training programmes and training instructors (regulation 13).

(7) In addition to the operator of an aircraft flying for the purpose of public transport of passengers, an airport operator and a person who sells flight accommodation must ensure that persons who are or who may become passengers on such a flight are warned as to the types of dangerous goods which they are forbidden to carry (regulation 14).

(8) The operator of an aircraft in which cargo is to be carried and any agent of such an operator must ensure that notices giving information about the carriage of dangerous goods are displayed where cargo is accepted for carriage (regulation 15).

(9) A copy of the dangerous goods transport document and the written information required to be supplied to the commander must be retained by the aircraft operator (regulation 16(1)).

(10) The aircraft operator, shipper and any agent of either must produce to an authorised person documents relating to the carriage of goods which may be dangerous goods (regulation 17(2)).

(11) A dangerous goods accident, dangerous goods incident or a finding of undeclared or misdeclared dangerous goods must be reported to the Civil Aviation Authority where it occurs on a flight operated by a United Kingdom operator or on a flight within the United Kingdom operated by a non-United Kingdom operator. A report need not be made under this provision if it has been reported under the Mandatory Occurrence Reporting Scheme established by Article 117 of the Air Navigation Order 2000 (regulation 19).

• The 2001–2002 and the 2003–2004 English language editions of the Technical Instructions for the Safe Transport of Dangerous Goods by Air can be purchased from—Freight Merchandising Services, Unit 19, Ashford Industrial Estate, Shield Road, Ashford, Middlesex TW15 1AU or Labeline (Air, Sea and Road), Holly House, 14 Tenby Road, Frimley, Surrey GU16 5UT or Documedia Solutions Ltd, 37 Windsor Street, Cheltenham, Gloucestershire GL52 2DG.